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Corporate Governance in the Transportation Sector

Corporate Governance in the Transportation Sector

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More About Corporate Governance

More About Transportation

Corporate Governance

Corporate governance requires balancing intricate competing interests under the intense spotlight of regulatory, operational, fiduciary, political, communications and market factors. It requires the application of judgment, legal analysis, and practical decision-making in a real-time environment where decisions are likely to be second-guessed and sometimes reviewed by the courts.

We understand that the best way to avoid a corporate governance crisis is to plan for it; and that often the most successfully resolved crises are the ones that no one hears about. But when an issue is in the spotlight, we bring to bear an unparalleled array of resources and expertise, including securities regulation, disclosure, corporate law, communications policy, compliance practices, privacy, fiduciary duties, investor relations, activist shareholders and experience-based business judgment.

We are experienced in guiding boards of directors, special committees, management and corporate leadership on the full range of governance issues that confront them. In fact, our multidisciplinary, business-focused approach to addressing these issues has been relied on by many of the most sophisticated global companies.

We assemble teams of litigation and corporate partners experienced in all aspects of these sensitive matters, including:

advising boards, committees, management and leadership in discharging their legal and fiduciary obligations while preserving all available legal protections

responding to and negotiating with national and international securities regulators and other enforcement agencies

working with your auditors and financial advisors to resolve potential accounting issues

handling disclosure in a manner that both satisfies legal obligations and is sensitive to the concerns of investors, employees and the media

Transportation

Governments everywhere recognize the importance of investment in transportation. The efficient movement of people and goods is fundamental to any economy and is a mainstay of world trade. And transportation is a significant area of growth in otherwise difficult economic times. Trains, planes, automobiles and ships have never been more in demand.

Commentators vary in their views about exact levels of investment but they all agree that it runs to billions and billions over the next 10 years.

Investment is pouring into high-speed rail networks and improved roads. Airlines are investing in bigger, cleaner aircraft and demand for airport capacity has taken off. Right around the world, economies are investing in new or expanded ports and new, bigger ships are being built to keep up with demand. Cities in North and South America, in Africa, in Asia, in Australasia and in Europe are waking up to the economic, social and environmental benefits of urban mass transit systems and how they can alleviate congestion. It is a world of opportunity.

You may already be participating in the sector and looking to expand or diversify. You may be considering market entry or investing in one of the many opportunities around the globe. But there are challenges–some commercial, some operational and some legal, in an increasingly complex and regulated market. You will want lawyers who have first hand experience of those markets, built up over many years, and with a real understanding of the day-to-day operational and commercial drivers as well as the strategic and political ones–lawyers who have done it before, lawyers who are credible and lawyers who are passionate about what they do.

We are those lawyers. Don’t just take our word for it: “… the work is absolutely excellent, and makes our life much easier–they anticipate what we need.” (Client reference, Chambers 2012)

Insights

On 6 June 2016, the South African Department of Trade and Industry (DTI) published, with immediate effect, Regulations to the Broad-Based Black Economic Empowerment Act 53 of 2003 (BEE Act). The Regulations aim to monitor compliance with broad-based black economic empowerment (BEE) by requiring major BEE transactions to be registered with the newly established BEE Commission. In this article, we set out the registration requirements and consider the implications of not registering a transaction as well as steps that may be taken to mitigate against such risk.

This contribution considers the regulatory framework of National Industrial Participation in South Africa, and specifically sets out the National Industrial Participation Programme and the NIP Revised Guidelines of 2013. The examination of the framework serves the interest of prospective participants in the programme and serves to identify the shortcomings of the programme.

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Dentons global law firm has prepared a Concept for legal regulation of alternative finance methods in Russia. The Concept was commissioned by the Fund for Infrastructure and Educational Programs, which is part of RUSNANO Group.

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